N.Y. Comp. Codes R. & Regs. Tit. 22 § 208.23 - Call of reserve, ready and general calendars
(a) Reserve calendars. At such times as
the Chief Administrator of the Courts shall prescribe, there shall be a call of
actions on the reserve calendars in sequence and in sufficient number to insure
a steady supply of cases to the ready calendar. When such a call is held, the
actions thereon, if marked "ready," shall be passed and subsequently added to
the ready calendar, or may be marked "disposed" or stricken from the calendar,
as may be appropriate.
(b) Ready calendars.
(1) The ready calendars shall be called
at such time and in such parts as the Chief Administrator shall direct. Actions
shall be called in order and shall be announced "ready," "ready subject to
engagement," or "disposed." If any party does not so respond, the calendar
judge shall treat the action as in default, unless for good cause shown,
arising after the action appeared on the ready calendar and not reasonably
discoverable or foreseeable, the judge shall direct that the action be held on
the ready calendar for a period not to exceed 10 days. If the inability to
proceed to trial is expected to exceed 10 days, the action shall be returned to
the reserve calendar or stricken from the calendar as circumstances warrant,
unless, for good cause shown, the court on application grants an
adjournment.
(2)
Actions announced "ready" on the call of the calendar shall be assigned in
order to the available trial parts. Jury actions will be sent out for jury
selection if a jury trial part is available, or scheduled for jury selection at
the opening of court on the next court day or as soon as practicable
thereafter. Subject to the provisions of section
208.25 of this Part, no delay will
be permitted in selection of a jury, and failure of counsel to proceed as
directed or to appear promptly at the directed time on the specified court day
will be treated as a calendar default.
(3) The actions on the ready calendar
must be answered by or on behalf of the trial counsel each day the calendar is
called, unless otherwise ordered by the calendar judge, or unless trial counsel
already has demonstrated an engagement during one or more days. The calendar
judge may discontinue the call of the ready calendar when sufficient ready
cases have been identified to fill all trial parts available on the day of the
call and which are expected to become available on the next court
day.
(4) When an
action has been announced "ready" but no part is immediately available, counsel
may arrange with the calendar judge to be summoned by telephone, provided they
agree to hold themselves available and to appear on one hour's notice or at
such other time as the court may order at the time and part assigned for the
trial.
(c)
General calendar. At such time or times and in such manner as the Chief
Administrator may direct, a call shall be made of all actions on the general
calendar not reached on a ready calendar.
Notes
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